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Supreme Court asked to review 'Making a Murderer' confession
Legal Information |
2018/02/17 22:27
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Lawyers for a Wisconsin inmate featured in the "Making a Murderer" series on Netflix asked the U.S. Supreme Court on Tuesday to review a federal appeals court decision that held his confession was voluntary.
Brendan Dassey's legal team told the high court in their petition that the case raises crucial issues that extend far beyond Dassey's case alone and that long have divided state and federal courts.
Dassey's lawyers claim investigators took advantage of his youth and intellectual and social disabilities to coerce him into falsely confessing that he helped his uncle, Steven Avery, rape and kill photographer Teresa Halbach in 2005 in the Avery family's junk yard in Manitowoc County. Dassey was 16 at the time. He was sentenced to life in prison in 2007.
"Too many courts around the country, for many years, have been misapplying or even ignoring the Supreme Court's instructions that confessions from mentally impaired kids like Brendan Dassey must be examined with the greatest care — and that interrogation tactics which may not be coercive when applied to an adult can overwhelm children and the mentally impaired," his attorney, Steven Drizin, said in a statement.
A federal court in Wisconsin overturned Dassey's conviction in 2016, and a three-judge panel of the 7th U.S. Circuit Court of Appeals affirmed that decision last June. While the full 7th Circuit voted 4-3 to reverse the panel's decision to grant him a new trial, one dissenting judge called the case "a profound miscarriage of justice."
The legal odds remain high against Dassey. The U.S. Supreme Court grants only a tiny fraction of the petitions for review that it receives. |
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Supreme Court: Dodd-Frank Whistleblower Protection Is Narrow
Law Firm Press Release |
2018/02/16 22:27
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The Supreme Court ruled Wednesday that whistleblower protections passed by Congress after the 2008 financial crisis only apply to people who report problems to the government, not more broadly.
The justices said that a part of the Dodd-Frank Act that protects whistleblowers from being fired, demoted or harassed only applies to people who report legal violations to the U.S. Securities and Exchange Commission. They said employees who report problems to their company's management but not the commission don't qualify.
People who report issues to their company's management are still protected against retaliation but under an older law, the 2002 Sarbanes-Oxley Act. But the two laws differ in a number of ways, including how long people have to bring a lawsuit and how much money they can get in compensation.
The justices were unanimous in agreeing that the whistleblower protection in the Dodd-Frank Act only covers people who report to the SEC. Writing for the court, Justice Ruth Bader Ginsburg said "Dodd-Frank's text and purpose leave no doubt" about who the term "whistleblower" applies to.
"The definition section of the statute supplies an unequivocal answer: A 'whistleblower' is 'any individual who provides ... information relating to a violation of the securities laws to the Commission,'" she wrote.
The SEC had interpreted the whistleblower protection in the Dodd-Frank Act more broadly, an interpretation the Supreme Court rejected. |
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Catalan politicians in Spanish court in secession probe
Lawyer Court Feed |
2018/02/15 22:26
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Two prominent Catalan politicians are testifying before a Supreme Court judge for their roles in holding a banned independence referendum and making an illegal declaration of independence based on its results.
Judicial police have identified left-republican ERC party's secretary-general, Marta Rovira, and conservative PDeCAT's president, Marta Pascal, as key players in the secession bid in October.
The Spanish government responded by disbanding the regional government and calling a new Catalan election. Separatist parties have since been entangled in endless negotiations on how to form a new government.
Judge Pablo Llarena could decide after Monday's hearing whether to send the two politicians to jail while the investigation continues.
Other separatist leaders have been jailed and five former Catalan Cabinet members, including ex-president Carles Puigdemont, have fled to Belgium.
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Courts: Bail reform working, but sustainable funding needed
Legal World News |
2018/02/14 22:26
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The number of defendants being held before trial since New Jersey overhauled its bail system last year dropped by 20 percent, but the judge overseeing the program says it faces financial difficulties.
A report submitted last week by Judge Glenn Grant, who runs the state's court system, also shows the program faces financial difficulties because it relies on court fees instead of a "stable sustainable funding stream."
Proponents say the reforms championed by former Republican Gov. Chris Christie keep violent offenders detained until trial while providing poor, low-level defendants the opportunity to be freed.
But critics — including some lawmakers, law enforcement officials and the bail bond industry — say it has led to the quick release of some who weren't deemed a threat but were soon re-arrested on new charges.
The data shows 44,319 people were issued complaint warrants in New Jersey last year. Prosecutors sought to have 19,366 defendants detained until trial, but only 8,043 of those people were ordered held.
That means the state's pretrial jail population dropped by 20 percent from January 2017 to January 2018, and by 35 percent from January 2015 to January 2018.
At least two lawsuits have been filed seeking to overturn the changes, including one from a group backed by reality TV star Dog the Bounty Hunter. |
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